I have had the same problem for quite some time. I just spoke with a BMW technician and based on the production date, the chip on the Transmission goes bad and there is a number for it.
http://www.europeantransmissions.com/Bulletin/DTC.BMW/lib_download.jsp_file=bmw_tcm_eproms.pdf
It does not need to be programed, all you have to do is replace the EPROM which is located/accessed via the engine compartment by the Postive post terminal on ewall remove second cover and you will find the DME and the TCM.
I will be doing this next week and hopefuly it takes care of it.
Will try to post feedback once I'm done